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(영문) 춘천지방법원 2019.01.09 2018고단974
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:00 on July 8, 2018, the Defendant assaulted a person who was on the road in front of a convenience point in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, for the reason that he was able to do so, and the victim D (manam and 27 years of age) and that he was frighted, the Defendant carried out an injury, such as the victim's face, eye, and cat, by drinking, by drinking the victim's face, eye, and cat, by taking about about six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of some police officers against E, D, and F;

1. Each protocol of police statements concerning G and H;

1. Application of the Act and subordinate statutes to field photographs and investigation reports (CCTV images integrated);

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was in a trial even with a person other than the victim, who was in the absence of the victim; (b) the victim was seriously injured by the need for surgery; and (c) the Defendant had a record of receiving juvenile protective disposition due to various kinds of flights including violent crimes, etc., which are disadvantageous to the Defendant.

However, the fact that the defendant seems to have recognized and reflected the crime of this case, the fact that the defendant has no record of criminal punishment, the fact that the victim stops the vehicle without passing through the scene, and the victim was punished for driving and trial expenses after stopping the vehicle, and that the victim did not want the punishment of the defendant due to an agreement with the victim, etc. is an element of sentencing favorable to the defendant.

Other important factors of the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime, the basic area of recommended general injury according to the sentencing guidelines from April to June, the recommendation of suspension of execution, and special aggravation: serious factors of injury, special mitigation of sentence: The amount of punishment, the amount of special mitigation of sentence, and the major pride of suspended execution: the amount of punishment.

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